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14 Jan 2011, 3:03 pm
They stated that proof of intention by the defendant to injure the plaintiff is an essential part of the tort of intentional interference, and that in turn requires not merely that the actions of the defendant be intentional but that the intention behind those actions be, at least in part, to specifically injure the plaintiff. [read post]
30 Jul 2010, 12:02 pm
The plaintiffs claimed that the discriminatory act occurred when the employment decisions were actually made. [read post]
13 Oct 2012, 9:17 pm
New Haven Advocate, 315 F.3d 256 (4th Cir. 2002), the Fourth Circuit crafted a jurisdictional test for Internet defamation that requires the plaintiff to show that the defendant specifically targeted an audience in the forum state for the state to exercise jurisdiction. [read post]
8 Jan 2009, 3:59 am
The theory is that the Bank violated the ADA's provisions limiting pre-employment medical testing based on plaintiffs disability or perceived disability.At the time of her drug test, the applicant informed the bank president that a recent cervical epidural shot might result in additional medication showing up on the test. [read post]
22 Dec 2017, 9:07 am
The plaintiffs’ children underwent testing, and it was discovered that each couple had one child that possessed the fragile X mutation. [read post]
17 Dec 2015, 12:53 pm
Relief from forfeiture in favour of a Plaintiff is also granted under section 98 of the Courts of Justice Act which requires that the Court apply a three pronged test: (a) the conduct of the applicant; The Judge found that Mr. [read post]
10 Aug 2009, 7:09 am
Chalk two victories up for plaintiffs. [read post]
25 Jun 2013, 6:47 am
With co-worker harassment, the plaintiff-employee bears the burden of demonstrating employer negligence. [read post]
4 Mar 2015, 7:15 am
Because the text of the FLSA did not supply a definition for “independent contractor,” the court applied the factors of the economic reality test to determine whether the plaintiff was acting as an employee or an independent contractor when working at the non-SCA sites. [read post]
7 Sep 2022, 8:48 am
The zone of interests test does not require that the statute directly regulate the plaintiff, nor does it require specific congressional intent to benefit the plaintiff. [read post]
13 Apr 2015, 6:03 am
As Wikipedia explains, under the Federal Rules, which apply when a plaintiff files a complaint and thereby initiates a lawsuit against the defendant or defendants, the latter can strike back by filing a motion to dismiss the plaintiff’s suit under Rule 12(b). [read post]
29 Jun 2012, 2:00 pm
Below, a piece by Chris Elmendorf on statistical tests for racism, and their impact on the Voting Rights Act. [read post]
29 Jun 2012, 2:00 pm
Below, a piece by Chris Elmendorf on statistical tests for racism, and their impact on the Voting Rights Act. [read post]
2 Jul 2019, 8:40 am
In plain English: It just got harder for injured plaintiffs in Florida to win their cases. [read post]
1 Jun 2012, 7:45 am
” These requirements are taken very closely from the analysis Judge Evans used, but they are shaped into a less flexible test than the Judge actually employed. [read post]
2 Jul 2019, 8:40 am
In plain English: It just got harder for injured plaintiffs in Florida to win their cases. [read post]
15 Mar 2017, 7:48 am
At that point, the plaintiff disclosed that she would not pass the test because of her lawful use of medical marijuana. [read post]
7 Feb 2024, 4:09 pm
Despite this, she was not tested for COVID-19 due to the testing criteria in place at the time. [read post]
5 Jul 2022, 5:32 am
Grimaldi test to determine if the Lanham Act applies. [read post]
16 Jun 2022, 5:59 am
The court dismissed the plaintiff’s NYSHRL and NYCHRL claims, applying New York’s impact test. [read post]
